Are you dealing with a garnishment order and do you want to learn what to expect? In this article you find all you need to know under Dutch law.
Meaning garnishment order
It’s common that a garnishment order is issued when a creditor to whom you owe money has obtained a default judgment against you from a court or other authority. With at least that judgment, the creditor can issue a court order instructing a third party, such as your employer, bank or financial institution, to transfer your wages or assets to the creditor to whom you owe money. When a garnishment order is issued, your employer, bank or financial institution is legally obliged to comply with it. Are you being garnished? This can be intimidating, but the sooner you act, the sooner you may be able to put an end to the order.
Assets of debtor
If you have permission from the court to attach assets of the debtor, the bailiff may do so on your debtor’s entire assets (of which the permission has been given by the court). Usually, the bailiff will seize funds or goods that the debtor has in their possession. However, it also happens regularly on a garnishment order that someone else is in possession of your debtor’s funds or assets. In this case, the court bailiff can also levy a garnishment on the assets of the debtor or funds payable to debtor.
Bank seizure during a garnishment order
In the case of bank seizure, the bailiff seizes the bank’s balance (savings and current account) of your debtor. The bank is obliged to cooperate during a garnishment order with this and obligated to inform the bailiff or attorney within 2 weeks about the amount seized or ‘frozen’.
In the case of wage attachment, the court bailiff will seize your debtor’s employer or benefits agency. Attachment of wages is the attachment of part of your debtor’s income.
Attachment of property ‘under a third party’
The judicial officer attaches assets that are stored, temporarily or otherwise, with a third party. For example, boat or truck is under repair. Or a consignment of goods lying with a carrier or in storage during the garnishment order. If the bailiff seizes these goods, the third party is no longer allowed to deliver these goods to your debtor.« Back to debt collection